Breakstone v. Nuss

Appellate Division of the Supreme Court of New York

Breakstone v. Nuss

22 A.D.2d 900, 255 N.Y.S.2d 381, 1964 N.Y. App. Div. LEXIS 2573

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 14, 1964

StatusPublished

This text of 22 A.D.2d 900 (Breakstone v. Nuss) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Breakstone v. Nuss, 22 A.D.2d 900, 255 N.Y.S.2d 381, 1964 N.Y. App. Div. LEXIS 2573 (N.Y. Ct. App. 1964).

Pincite

Opinion

In a proceeding under article 78 of the CPLR to review a determination of the Acting Mayor of the Village of Great Neck Plaza, Inc., which dismissed a complaint made by petitioners against respondent employment agencies under article 11 of the General Business Law, the petitioners appeal: (1) from two orders of the Supreme Court, Nassau County, dated respectively January 31, 1964, granting the several cross motions of the respondents to dismiss the petition; and (2) from an order of said court, made March 16, 1964 upon reargument, which adhered to the original decision. Appeal from orders of January 31, 1964 dismissed, without costs. These orders were superseded by the order of March 16, 1964 which granted reargument. Order dated March 16, 1964 affirmed, without costs. Under the statute here involved (General Business Law, § 189, subd. 5), there is no right to review a determination by a hearing officer where the complaint is dismissed. The statute confers a right of review only upon the employment agency from a decision adverse to it. Beldock, P. J., Ughetta, Christ, Hill and Rabin, JJ., concur.

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In a proceeding under article 78 of the CPLR to review a determination of the Acting Mayor of the Village of Great Neck Plaza, Inc., which dismissed a complaint made by petitioners against respondent employment agencies under article 11 of the General Business Law, the petitioners appeal: (1) from two orders of the Supreme Court, Nassau County, dated respectively January 31, 1964, granting the several cross motions of the respondents to dismiss the petition; and (2) from an order of said court, made March 16, 1964 upon reargument, which adhered to the original decision. Appeal from orders of January 31, 1964 dismissed, without costs. These orders were superseded by the order of March 16, 1964 which granted reargument. Order dated March 16, 1964 affirmed, without costs. Under the statute here involved (General Business Law, § 189, subd. 5), there is no right to review a determination by a hearing officer where the complaint is dismissed. The statute confers a right of review only upon the employment agency from a decision adverse to it. Beldock, P. J., Ughetta, Christ, Hill and Rabin, JJ., concur.

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Bluebook (online)

22 A.D.2d 900, 255 N.Y.S.2d 381, 1964 N.Y. App. Div. LEXIS 2573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/breakstone-v-nuss-nyappdiv-1964.